Sheehan & Loler Transportation Co. v. Sims
Missouri Court of Appeals
Appeal from, the St. Louis City Circuit Court. — Hon. James A. Seoron, Judge. The motion to strike out the first count of the amended petition should have been sustained. We concede that the right of amendment before trial and submission is practically unlimited. But here "there had been a submission, judgment, appeal and reversal. The issues raised by defendant’s plea in abatement, and plaintiff’s general denial, should have been first and separately tried.
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Appeal from, the St. Louis City Circuit Court. — Hon. James A. Seoron, Judge. The motion to strike out the first count of the amended petition should have been sustained. We concede that the right of amendment before trial and submission is practically unlimited. But here "there had been a submission, judgment, appeal and reversal. The issues raised by defendant’s plea in abatement, and plaintiff’s general denial, should have been first and separately tried. Little v. Harrington, 71 Mo. 390; Byler v. Jones, 79 Mo. 261; Cohn v. Lehman, 93 Mo. 574; Thompson v. Bronson, 17 Mo. App. 456. The plea…
1Opinion of the CourtThompson, J.
A rehearing is asked in this cause on two grounds: (1) That the court erred in ruling that the defense in abatement had been waived by the appellant. (2) That the definition, in the opinion already given, of a “resident of this state” as used in the statute of limitations, is erroneous and in conflict with controlling decisions of the supreme court.
I. The first ground of the motion is predicated upon the argument that the petition was demurrable *238on its face for want of necessary parties defendant; that the right of a defendant to demur for the statutory causes stands upon the same, and as…
2Cases cited7 opinions
- Little v. HarringtonSupreme Court of Missouri · 1880
- Byler v. JonesSupreme Court of Missouri · 1883
- Chariton County v. MoberlySupreme Court of Missouri · 1875
- Greene v. BeckwithSupreme Court of Missouri · 1866
- Christian v. WilliamsMissouri Court of Appeals · 1889
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